Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 (Qld)

Queensland Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Subordinate Legislation 2013 No. 182 made under the Environmental Protection Act 1994 Waste Reduction and Recycling Act 2011 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 9 Part 3 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Environmental Protection Regulation 2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 14 (What is the aggregate environmental score for an environmentally relevant activity) . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 65 (What is regulated waste) . . . . . . . . . . . . . . 4 Amendment of sch 2 (Prescribed ERAs and aggregate environmental scores) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 2A (Aggregate environmental scores for particular resource activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of sch 5 (Environmental objective assessment). . . . 7 Replacement of sch 7 (Regulated waste) . . . . . . . . . . . . . . . . . . 7 Schedule 7 Regulated waste and waste that is not regulated waste Amendment of sch 12 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Environmental Protection (WasteManagement) Regulation 2000 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Contents 11 12 13 14 15 16 Part 4 17 18 19 20 21 22 23 24 25 26 27 28 Omission of s 10G (Requirements for removal of general waste) Amendment of s 10H (Local government may give notice about removal of general waste) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 2A, div 4 (Storage and disposal of nightsoil) . . . . Omission of s 67 (Prohibition on use of non-complying waste equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of schs 8 and 8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Waste Reduction and Recycling Regulation 2011 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of ss 4 and 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 6 (Regulated waste) . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2A Designation of areas by local governments for general or green waste collection 7 Designation of areas . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 3 (Waste levy) . . . . . . . . . . . . . . . . . . . . . . . . Part 3 Obligations of operators of waste disposal sites Division 1 Weighbridges 8 Weighbridge requirement provision—Act, s 43 . . . . . Division 2 Waste data returns 9 Prescribed waste disposal sites—Act, s 52 . . . . . . . . 10 Prescribed day for giving waste data return—Act, s 52 11 Reporting period—Act, s 52 . . . . . . . . . . . . . . . . . . . . Insertion of new s 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Prescribed day—ss 123(1), 133(1) and 141(4) . . . . . Amendment of s 40 (Prescribed sector of reporting entities—Act, s 150) ........................................ Amendment of s 44 (Prescribed recycling activity—Act, schedule, definition recycling activity). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of sch 1 (Regulated waste). . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Levy zones) . . . . . . . . . . . . . . . . . . . . . . . . Omission of sch 6 (Weight measurement criteria) . . . . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 13 14 14 14 14 14 15 15 15 16 16 16 17 17 17 18 18 18 18 18 19 19 Page 2 2013 SL No. 182

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 . Part 2 Amendment of Environmental Protection Regulation 2008 2 Regulation amended This part amends the EnvironmentalProtectionRegulation2008 . 3 Amendment of s 14 (What is the aggregate environmental score for an environmentally relevant activity) Section 14— insert — (3) However, subsection (4) applies for a resource activity mentioned in schedule 2A, if— (a) the activity includes 1 or more activities mentioned in schedule 2 (each an included schedule 2 activity ) for which an AES is stated; and (b) the AES stated in schedule 2 for an included schedule 2 activity is more than the AES stated in schedule 2A for the resource activity. (4) The aggregate environmental score for the resource activity is— 2013 SL No. 182 Page 3

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Environmental Protection Regulation 2008 [s 4] (a) the AES for the included schedule 2 activity; or (b) if there are 2 or more included schedule 2 activities to which subsection (3)(b) applies—the AES for the included schedule 2 activity that has the highest AES stated for the activity in schedule 2. 4 Amendment of s 65 (What is regulated waste ) (1) Section 65(1)(b), after ‘schedule 7’— insert— , part 1 (2) Section 65— insert— (3) However, waste is not regulated waste if it is mentioned in schedule 7, part 2. 5 Amendment of sch 2 (Prescribed ERAs and aggregate environmental scores) (1) Schedule 2, section 2(1), from ‘150 or more’ to ‘1000 or more’— omit, insert— more than 150 standard cattle units of cattle or more than 1000 (2) Schedule 2, section 2(3), table, column 1, item 1(a), ‘150 to 1000’— omit, insert— more than 150 but not more than 1000 (3) Schedule 2, section 2(3), table, column 1, item 2(a), ‘1000 to 10000’— omit, insert— Page 4 2013 SL No. 182

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Environmental Protection Regulation 2008 [s 5] more than 1000 but not more than 10000 (4) Schedule 2, section 3(1), ‘400 or more’— omit, insert— more than 400 (5) Schedule 2, section 3(3), table, column 1, item 1, ‘400 to 3500’ omit, insert— more than 400 but not more than 3500 (6) Schedule 2, section 6, ‘1000t or more’— omit, insert— more than 1000t (7) Schedule 2, section 8(1)(c) and (3), table, column 1, item 3, ‘500m 3 or more’— omit, insert— more than 500m 3 (8) Schedule 2, section 10(2)— omit. (9) Schedule 2, section 10(3) to (5)— renumber as section 10(2) to (4). (10) Schedule 2, section 38(1)(b), ‘100t or more’— omit, insert— more than 100t (11) Schedule 2, part 10, heading, ‘and wooden’— omit, insert— , and timber and laminated (12) Schedule 2, section 48(3), definition fabricating — omit. (13) Schedule 2, section 48, ‘fabrication’— 2013 SL No. 182 Page 5

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Environmental Protection Regulation 2008 [s 6] omit, insert— manufacture (14) Schedule 2, section 48, ‘fabricating’— omit, insert— manufacturing (15) Schedule 2, section 56(2)(c)(i) and (v)— omit. (16) Schedule 2, section 56(2)(c)(ii) to (iv)— renumber as section 56(2)(c)(i) to (iii). (17) Schedule 2, section 56(2)(e) and (f)— renumber as section 56(2)(f) and (g). (18) Schedule 2, section 56(2)— insert— (e) storing at a facility any of the following, awaiting removal from the facility for recycling, reprocessing or treatment— (i) not more than 3000 used lead-acid batteries, up to a total mass of 45t; (ii) not more than 5000L of waste oil; or 6 Amendment of sch 2A (Aggregate environmental scores for particular resource activities) (1) Schedule 2A, table, item 8— omit, insert— 8 a petroleum activity or GHG storage activity, other 126 than an activity mentioned in any of items 1 to 7, that includes 1 or more activities mentioned in schedule 2 for which an AES is stated (2) Schedule 2A, table, column 1, item 9, ‘drilling’— omit, insert— Page 6 2013 SL No. 182

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Environmental Protection Regulation 2008 [s 7] a mining activity involving drilling (3) Schedule 2A, table, column 1, item 20, from ‘mining activities that’ to ‘mining activities mentioned’— omit. insert— a mining activity that is an ineligible ERA, other than a mining activity mentioned 7 Amendment of sch 5 (Environmental objective assessment) Schedule 5, part 3, table 1, entry for Groundwater, under heading ‘Performance Outcomes’, item 2, note, ‘section 56’— omit, insert— section 63 8 Replacement of sch 7 (Regulated waste) Schedule 7— omit, insert — Schedule 7 Regulated waste and waste that is not regulated waste section 65 Part 1 Regulated waste 1 acidic solutions and acids in solid form 2 animal effluent and residues, including abattoir effluent and poultry and fish processing wastes 3 antimony and antimony compounds 2013 SL No. 182 Page 7

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Environmental Protection Regulation 2008 [s 8] Page 8 4 arsenic and arsenic compounds 5 asbestos 6 barium compounds, other than barium sulfate 7 basic (alkaline) solutions and bases (alkalis) in solid form 8 beryllium and beryllium compounds 9 boron compounds 10 cadmium and cadmium compounds 11 chemical waste arising from a research and development or teaching activity, including new or unidentified material and material whose effects on human health or the environment are not known 12 chlorates 13 chromium compounds (hexavalent and trivalent) 14 clinical and related waste 15 containers contaminated with a regulated waste 16 copper compounds 17 cyanides (inorganic) 18 cyanides (organic) 19 encapsulated, chemically-fixed, solidified or polymerised wastes 20 ethers 21 filter cake, other than filter cake waste generated from the treatment of raw water for the supply of drinking water 22 fly ash 23 food processing waste 24 grease trap waste 25 halogenated organic solvents 2013 SL No. 182

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Environmental Protection Regulation 2008 [s 8] 2013 SL No. 182 26 highly odorous organic chemicals, including mercaptans and acrylates 27 hydrocarbons and water mixtures or emulsions, including oil and water mixtures or emulsions 28 inorganic fluorine compounds, other than calcium fluoride 29 inorganic sulfides 30 isocyanate compounds 31 lead and lead compounds including lead-acid batteries 32 material containing polychlorinated biphenyls (PCBs), polychlorinated napthalenes (PCNs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs) 33 mercury and mercury compounds 34 metal carbonyls 35 mineral oils 36 nickel compounds 37 non-toxic salts including, for example, saline effluent 38 organic phosphorous compounds 39 organic solvents, other than halogenated solvents, including, for example, ethanol 40 organohalogen compounds, other than another substance stated in this schedule 41 oxidising agents 42 perchlorates 43 pesticides, including organochlorine 44 pharmaceuticals, drugs and medicines 45 phenols and phenol compounds, including chlorophenols Page 9

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Environmental Protection Regulation 2008 [s 8] Page 10 46 phosphorus compounds, other than mineral phosphates 47 polychlorinated dibenzo-furan (any congener) 48 polychlorinated dibenzo-p-dioxin (any congener) 49 reactive chemicals 50 reducing agents 51 residues from industrial waste treatment or disposal operations 52 selenium and selenium compounds 53 sewage sludge and residues, including nightsoil and septic tank sludge 54 surface active agents (surfactants) containing principally organic constituents, whether or not also containing metals and other inorganic materials 55 tallow 56 tannery wastes, including leather dust, ash, sludges and flours 57 tarry residues arising from refining, distillation or any pyrolytic treatment 58 tellurium and tellurium compounds 59 thallium and thallium compounds 60 triethylamine catalysts for setting foundry sands 61 tyres 62 vanadium compounds 63 vegetable oils 64 waste containing peroxides other than hydrogen peroxide 65 waste from a heat treatment or tempering operation that uses cyanides 66 waste from surface treatment of metals or plastics 2013 SL No. 182

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Environmental Protection Regulation 2008 [s 8] 67 waste from the manufacture, formulation or use of the following— • biocides or phytopharmaceuticals • inks, dyes, pigments, paints, lacquers or varnish • organic solvents • photographic chemicals or processing materials • resins, latex, plasticisers, glues or other adhesives • wood-preserving chemicals 68 waste from the manufacture or preparation of pharmaceutical products 69 waste of an explosive nature, other than an explosive within the meaning of the Explosives Act 1999 70 wool scouring wastes 71 zinc compounds Part 2 Waste that is not regulated waste under section 65(3) 1 intact or partly disassembled televisions 2 intact or partly disassembled electronic equipment designed to be used with a television, including video players, DVD players, games units and set-top boxes 2013 SL No. 182 Page 11

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 2 Amendment of Environmental Protection Regulation 2008 [s 9] 3 intact or partly disassembled computers, including desktop computers, notebook computers, laptop computers and tablets 4 intact or partly disassembled equipment designed to be used with computers, including keyboards, mouses, hard drives, scanners, printers, multi-function devices, speakers and web cameras 5 intact or partly disassembled internal computer components, including network or graphics cards, motherboards and DVD drives 6 mobile phones and mobile phone accessories, including chargers 7 batteries typically used in small electronic devices or handheld devices such as mobile phones, digital cameras, keyboards, toys and torches 8 whitegoods 9 residue produced by the process of recycling treated timber products, for example power poles and bridge timbers, containing amounts of treatment chemicals 10 groundwater or treated groundwater necessarily or unavoidably brought to the surface of the earth as part of an industrial process, if the groundwater— (a) has a pH of at least 6 but not more than 10.5; and (b) has an electrical conductivity of less than 15000 micro-siemens a centimetre 9 Amendment of sch 12 (Dictionary) Schedule 12, part 2— insert— Page 12 2013 SL No. 182

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 3 Amendment of Environmental Protection (Waste Management) Regulation 2000 [s 10] commercial waste see the Waste Management Regulation, schedule 9. Part 3 Amendment of Environmental Protection (Waste Management) Regulation 2000 10 Regulation amended This part amends the EnvironmentalProtection(WasteManagement) Regulation 2000 . 11 Omission of s 10G (Requirements for removal of general waste) Section 10G— omit. 12 Amendment of s 10H (Local government may give notice about removal of general waste) Section 10H(1)— insert— Note — A local government may decide the frequency of general waste collection in designated areas under the Waste Reduction and Recycling Regulation 2011 , section 7. 13 Omission of pt 2A, div 4 (Storage and disposal of nightsoil) Part 2A, division 4— omit. 2013 SL No. 182 Page 13

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Waste Reduction and Recycling Regulation 2011 [s 14] 14 Omission of s 67 (Prohibition on use of non-complying waste equipment) Section 67— omit. 15 Omission of schs 8 and 8A Schedules 8 and 8A— omit. 16 Amendment of sch 9 (Dictionary) Schedule 9, definitions cesspit , chemical toilet , closet , composting toilet , incinerating toilet , prescribed sanitary convenience and serviced sanitary premises — omit. Part 4 Amendment of Waste Reduction and Recycling Regulation 2011 17 Regulation amended This part amends the Waste Reduction and Recycling Regulation 2011. 18 Omission of ss 4 and 5 Sections 4 and 5— omit . Page 14 2013 SL No. 182

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Waste Reduction and Recycling Regulation 2011 [s 19] 19 Amendment of s 6 (Regulated waste) Section 6(1) to (4)— omit, insert— For the Act, schedule, definition regulated waste , waste is prescribed as regulated waste if it is regulated waste under the Environmental Protection Regulation2008 . 20 Insertion of new pt 2A After part 2— insert— Part 2A Designation of areas by local governments for general or green waste collection 7 Designation of areas A local government may— (a) by resolution, designate areas within its local government area in which the local government may conduct general waste or green waste collection; and (b) decide the frequency of general waste or green waste collection in the designated areas. Note — If a local government conducts general waste or green waste collection as a significant business activity, see the Local Government Act 2009 , chapter 3, part 2, division 2 (Business reform, including competitive neutrality) and the City of Brisbane Act 2010 , chapter 3, part 3, division 2 (Business reform, including competitive neutrality). 2013 SL No. 182 Page 15

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Waste Reduction and Recycling Regulation 2011 [s 21] 21 Replacement of pt 3 (Waste levy) Part 3— omit, insert— Part 3 Obligations of operators of waste disposal sites Division 1 Weighbridges 8 Weighbridge requirement provision—Act, s 43 (1) For section 43(1) of the Act, each waste disposal site located in the local government area for a local government mentioned in schedule 5 is prescribed. (2) For section 43(2) of the Act, the prescribed day for installing a weighbridge at a waste disposal site is— (a) if section 43(2) of the Act applies to the site on or before 31 December 2014—31 December 2014; or (b) if section 43(2) of the Act starts applying to the site after 31 December 2014—the day that is within 1 year after the day the section starts applying to the site. Division 2 Waste data returns Page 16 9 Prescribed waste disposal sites—Act, s 52 For section 52(1) of the Act, all waste disposal sites are prescribed. 2013 SL No. 182

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Waste Reduction and Recycling Regulation 2011 [s 22] 10 Prescribed day for giving waste data return—Act, s 52 For section 52(2) of the Act, the day prescribed for an operator of a waste disposal site to give the chief executive a waste data return for a reporting period is— (a) for a relevant schedule 5 site—the last business day of the month immediately following the end of the reporting period for the site; or (b) for another waste disposal site—the last business day in the month of July occurring immediately after the end of the reporting period for the site. 11 Reporting period—Act, s 52 For section 52(2) of the Act— (a) each of the following periods in a financial year is prescribed as a reporting period for a relevant schedule 5 site— (i) 1 July to 30 September; (ii) 1 October to 31 December; (iii) 1 January to 31 March; (iv) 1 April to 30 June; and (b) the reporting period prescribed for a waste disposal site other than a relevant schedule 5 site is a financial year. 22 Insertion of new s 38 Part 4— insert — 2013 SL No. 182 Page 17

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Waste Reduction and Recycling Regulation 2011 [s 23] 38 Prescribed day—ss 123(1), 133(1) and 141(4) For sections 123(1), 133(1) and 141(4) of the Act, the day prescribed is 30 June 2015. 23 Amendment of s 40 (Prescribed sector of reporting entities—Act, s 150) Section 40(b) and (c), ‘a registration certificate’— omit, insert— an environmental authority 24 Amendment of s 44 (Prescribed recycling activity—Act, schedule, definition recycling activity ) Section 44(2)— insert— construction and demolition waste — (a) means waste generated as a result of carrying out building work within the meaning of the Building Act 1975 , section 5; and (b) without limiting paragraph (a), includes waste generated by building, repairing, altering or demolishing infrastructure for roads, bridges, tunnels, sewage, water, electricity, telecommunications, airports, docks or rail. 25 Omission of sch 1 (Regulated waste) Schedule 1— omit . 26 Amendment of sch 5 (Levy zones) (1) Schedule 5, heading and authorising provision— Page 18 2013 SL No. 182

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Waste Reduction and Recycling Regulation 2011 [s 27] omit, insert— Schedule 5 Local governments for waste disposal sites—weighbridge requirement provision (2) Schedule 5, item 12— omit. section 8 27 Omission of sch 6 (Weight measurement criteria) Schedule 6— omit. 28 Amendment of sch 9 (Dictionary) (1) Schedule 9, definitions acid sulfate soil, articulated motor vehicle, authorised on-site use , car , C&D , C&I , chemical waste , construction and demolition waste , compactor truck , delivery vehicle , development approval , GCM , GVM , light commercial vehicle, motorbike , motor vehicle , MSW , relevant environmental approval , rigid truck , skip-bin , skip-bin truck , trailer , truck , van or ute — omit. (2) Schedule 9 — insert— general waste see the EnvironmentalProtection(Waste Management) Regulation 2000 , schedule 9. 2013 SL No. 182 Page 19

Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 Part 4 Amendment of Waste Reduction and Recycling Regulation 2011 [s 28] green waste see the EnvironmentalProtection(Waste Management) Regulation 2000 , schedule 9. relevant schedule 5 site means a waste disposal site located in the local government area of a local government mentioned in schedule 5, if the operator of the site is required to hold an environmental authority for the disposal of more than 5000t of waste in a year at the site. ENDNOTES 1 Made by the Governor in Council on 19 September 2013. 2 Notified in the gazette on 20 September 2013. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Environment and Heritage Protection. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 20 2013 SL No. 182